Dark and rainy night, a driver hits a jaywalking pedestrian in midblock of road , whose fault was it?

Question

The driver was not speeding

Answer 1

Jaywalking is against the law and is punishable by a fine in some states of up to $100 for pedestrians who don't obey the law.

The only thing is that there are attorneys that will try and sue your insurance company for this but make sure that you give a complete statement as to what happened and the condition of that night.

It is still very possible that they will use the "pedestrian has the right of way" as their case but you should not worry about it and good luck.....................

Answer 2

Mostly pedestrian fault because of jaywalking in midblock.  If the driver was careless or negligent, he's got some fault there.

Answer 3

i was always told the pedestrian has the right of way.

Answer 4

Turn your lights off and keep going if you were in a bad area!!

Answer 5

the pedestrians cauz jaywalking is illegal for one, being in the middle of a road when a car was comming, not wearing brightly coloroed clothing.

and the only thing against the driver is that they hit them. loll.

so thats why i think that.

Answer 6

The jaywalker is at fault.

EMT

Answer 7

the driver's fault, IMHO. The driver should always be in control of the car and able to stop. The fact that he/she was unable to stop indicates he/she was driving too fast for the conditions.

Now if the pedestrian jumped out from between two parked cars so that the driver had no chance to stop, then the driver may have a case. It will take a court of law to decide.